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License Question: Selling Final Cut Studio 2 to get Studio 3
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Thank you Thomas.
That is my understanding as well.
My only sticking point is the EULA portion that says
“Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately.”
I cannot find anywhere what the definition of an “update” is. It seems like an Apple Software update is different than an “upgrade”. So, it would be like if Apple released a download only version of FCS 2.5 – I could not run both that and FCS 2 on dif. machines or transfer separately. But, since I have a separately licensed version of FCP1 that cannot even be installed on my current Mac (let alone technically “replaced”, I should be good to go.
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Thomas,
Some people holdup banks and never get caught. Some get off on technicalities. Would you entrust your business to one of them?
If I were a potential client and happened upon this conversation, I know who I’d trust completely, and I know who’d want to keep my eyes on at all times.
David Roth Weiss
Director/Editor/Colorist
David Weiss Productions, Inc.
Los Angeles
https://www.drwfilms.comPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Business & Marketing and Apple Final Cut Pro forums. Formerly host of the Apple Final Cut Basics, Indie Film & Documentary, and Film History & Appreciations forums.
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Yeah…because likening this to robbing a bank makes sense. Sorry I don’t understand- there is a HUGE difference between talking about people who rob a bank at gun point for example, and have incredibly clever lawyers who get them off on some stupid precedent, to something which is simply NOT in the licence agreement. If Apple, who have some of the worlds best lawyers (you know, and like are the biggest company and all that) don’t put in anything about it, and if the software is legitimately bought, and legitimately upgraded, from a previous version, as stated in the licence agreement, then why the hell cant version 2 be sold in this scenario?
That makes no sense to me. It’s perfectly legal. It’s not as if we’re talking about pirating it.
Incidentally, another two facts for you- 1: the student addition is the same price as the upgrade, meaning it’s the same discs, and Apple don’t lose money. I spoke to Apple recently, because they initially suggest you can’t upgrade from a Student licence to a normal one either, but when questioning Apple if this is actually in the legal papers for this, he wasn’t able to comment (basically no).If people have some kind of bizarre ethical problem with LEGALLY saving yourself money by NOT giving extra money to what in some ways is the biggest company in the world, then fine, but the question here was on legalities. If any future employer looked at this and had a problem with that, I’d be amazed.
😀
Tom Morter-Laing
Certified Apple Product Proffessional, 2010
Degree; TV ProductioniMac 27″ intel i7 2.93GHz, 12GB RAM, ATI HD5750 [1GB GDDR5], 2TB Int. SATA with 2TB External HDD; (FW800).
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“I own FCP 1
Then I upgraded to FCP3 using the license from FCP1
Then I upgraded to FCS2, using the license from FCP1 again”Yeah again that would be fine, because you still have a “base”. As far as I understand the EULA it’s fine to do that- some may see it as perhaps a little ‘unethical’ because you’re making money out of it, but at the end of the day no one LOSES money, which is what pirating is…
😀
Tom Morter-Laing
Certified Apple Product Proffessional, 2010
Degree; TV ProductioniMac 27″ intel i7 2.93GHz, 12GB RAM, ATI HD5750 [1GB GDDR5], 2TB Int. SATA with 2TB External HDD; (FW800).
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Thanks all for the spirited discussion. The good news is that I was in fact able to get in touch with a rep in Apple\’s professional services department. The rep, after checking with a senior rep, very clearly explained the difference between an upgrade (which I paid for) and an Apple Software update as referenced in the EULA. Bottom line is that I am within my rights to sell the upgrade only, since I paid for it and it has a separate license/serial number. In Apple\’s eyes, a software update with a full install is not the same as a paid upgrade.
Thanks again.
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With all of that figured out….I’m simply curious what somebody would actually be willing to pay for an upgrade version of FCS 2. Good luck with that.
Bryan Keith
Editor/Director/Preditor
http://www.happylandstudio.com -
Not even a newbie lawyer would fall in such a mistake as to letting open a legal frame to get two legal copies of FC, for the price of one.
Yes is easy to get lost, but there is a fact:
Whatever the version you want to use FC 1, the upgraded FC2 or the upgraded FC3, you are entitled to have and use ONLY ONE working copy of FC.
When you upgrade, you modify the original license. Once you have upgraded, the original license IS NOT VALID ANYMORE. Even if technically you can, legally you can not use for a second upgrade.
rafael -
Thank you Rapheal.
As stated, Apple was very helpful and clear on this matter. Since FCP 1 (which I own) is a separately licensed and paid for version of the software than the FCS 2 upgrade that I am selling, I was repeatedly assured by Apple that there was no issue. They told me the only thing I needed to make clear to the buyer was that he also needed a copy of FCP to use the upgrade (which I have done). I have read the license agreement as well, and since the software update is not the same as a paid upgrade (per Apple, not per me), they state that clause was of no concern to me and I can go shed and make the transfer.
I think what you may not realize, is that FCS3 license does not build on any previous FCS1 license. It only requires a valid FCP 1 license (which I will still have) to function.
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[Jim Harper] “I think what you may not realize, is that FCS3 license does not build on any previous FCS1 license”
OK. I wasn’t aware of this.
rafael
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